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Periculum in Mora as a Prerequisite for a Ship Arrest : [case review]
Vesna Skorupan Wolff
orcid.org/0000-0002-1591-7247
; Jadranski zavod Hrvatske akademije znanosti i umjetnosti, Zagreb, Hrvatska
Abstract
The applicant is a co-owner of 1/2 part of the ship. The applicant applies for a ship arrest to secure his non-monetary claim for the transfer of possession and use of the ship based on co-ownership. In order to succeed with the ship arrest, among other necessary conditions, there must be a periculum in mora. It must be of a subjective nature, which means that the person applying for a ship arrest as a provisional conservatory measure must point to the debtor´s specific actions (omissions), consciously undertaken to jeopardise the settlement of the applicant´s claim. If the respondent prevents or obstructs the applicant from realising his right arising from co-ownership over the ship, and if the respondent also undertakes specific subjective actions aimed at jeopardising the settlement of the applicant´s non-monetary claim for the handover of the vessel to co-possession, only then are the conditions for ordering the proposed security fulfilled.
Keywords
case review; periculum in mora; ship arrest
Hrčak ID:
312348
URI
Publication date:
27.12.2023.
Visits: 176 *